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Monday, August 1, 2011
Editor: What are your thoughts about mounting criticism that arbitration is becoming as costly and time-consuming as full-scale litigation?
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Sunday, April 3, 2011
The confidentiality of information exchanged during alternative dispute resolution (ADR) processes, such as arbitration and mediation, is recognized as one of the many reasons why parties choose to resolve a dispute using ADR rather than litigation. The common and increasing use of arbitration may give the parties a false sense of security, however, about...
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Monday, January 3, 2011
Editor: Given your experience in the field, do you believe that arbitration is becoming too costly?
Hinchey: In recent years, the business community has complained that arbitration of commercial disputes is becoming just as time-consuming and costly as litigation. In 2009-2010, two international surveys of corporate counsel in the United States and...
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Wednesday, August 5, 2009
The inclusion of mandatory arbitration clauses in an increasingly large number of consumer contracts has caught the attention of many academics and legislators. In the academic arena, consumer arbitration has been both deeply criticized and adamantly defended. Critics of consumer arbitration point out its many problems for consumers and society, such as...
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Friday, August 1, 2008
Editor: What should corporate counsel look for when selecting a neutral?
Dreier: Experience . The mediator should have a proven track record aiding parties to settle matters similar to yours. Also, inquire concerning any special expertise required for the subject matter in a particular case. Remember that an adversary's respect for the mediator can...
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Friday, August 1, 2008
If you are involved in a patent case, the chances are that you will be required to participate in mediation before the case is finally concluded.And the odds that you just might settle the case through mediation are good.
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Tuesday, August 1, 2006
Editor: What factors help determine whether to use litigation or a form of ADR for resolving a dispute?
Brown: The vast majority of private ADR (i.e., ADR not compelled by law) is initiated by pre-dispute ADR agreements rather than under post-dispute submissions. Post-dispute ADR agreements are rare because after the dispute has arisen, the parties are...
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Saturday, July 1, 2006
Editor: Mr. Casey, would you tell our readers something about your professional experience?
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Tuesday, November 1, 2005
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Monday, August 1, 2005
Mediation is a process in which a neutral person (the mediator) helps parties to a dispute reach their own settlement. In contrast to a judge in litigation or an arbitrator in binding arbitration, the mediator neither seeks nor has any power to render a binding decision. Rather, the mediator works the process - sometimes facilitative, sometimes evaluative,...
